Incompetent investigations hinder corruption fight – Raji (SAN)

There is a call for the extension of immunity in the National Assembly (NASS) and the Judiciary so that they can also do their work. Do you support this? I have not seen any democracy where the leadership of NASS or Parliament enjoys immunity. I don’t know where this is coming from and frankly speaking, […]

There is a call for the extension of immunity in the National Assembly (NASS) and the Judiciary so that they can also do their work. Do you support this?
I have not seen any democracy where the leadership of NASS or Parliament enjoys immunity.
I don’t know where this is coming from and frankly speaking, I do not think that is what we need.

In view of Saraki’s case, what is your take since his recurrent legal battles are said to be affecting his legislative duties?
Saraki’s case is very unique and I do not think an exemption like his case should form a generalisation that it will now affect the body of laws in a manner that it will lead to some undesirable consequences. Its better we allow the system to resolve the cases surrounding Saraki rather than enacting a permanent legislation to address what I consider a political problem. It is a one off thing because it is not usual for the head of the parliament to be facing this kind of charges he has been facing.

What is your personal impression about this trial?
My impression is that the matter is sub judice and I can only comment on what Justice Kolawole has said. The judge has described it as an abuse and I agree with him.

When a counsel enters an allocutus for an accused, does it mean an acceptance of guilt?
Allocutus comes after conviction, before the sentence is read, so it is something like mitigation. It is something like a plea before the sentencing is passed. So it is not an acceptance of guilt.
 
What do you make out of events from Abia State with different courts giving different judgments?
It means that there is a need to go to a higher court (Court of Appeal) to harmonise so that we can have the pronouncement of the higher court. When you have court of coordinate jurisdiction making different pronouncement, the best thing is that you go to the higher court for its pronouncement.

Do you subscribe to the idea of separating the office of the Attorney General of the Federation from that of the Minister of Justice?
Going by the peculiar nature of our country, I think there is wisdom in it but we have to be careful so that we won’t go in there and rush out of it. We have to weigh it very well.

How do you see the judiciary’s performance in the 2016 judicial year?
The judiciary has done its best and I want to say one of the most overburdened arms of government is the judiciary. When you go to some court rooms in the hinterland, you will not even assume that an Area Court judge can seat where a High Court judge is presiding. Apart from that, they are not equipped; no accommodation for library for them to improve. And then the pay has not been regular. I think the judiciary should be praised. That does not mean that there are some issues with some of them, but by and large, I think they have done well.

Some say that senior lawyers hinder the fight against corruption. What is your reaction to this?
That must be a statement stemming from ignorance. How do they hinder fight against corruption that is a fight by all of us? There is a shoddy prosecution arising from incompetent investigation, who do you blame? I think there is a need for capacity building for the investigators as well as the prosecutors and that is why Sagay’s committee is doing a lot of good work by retraining the prosecutors. I think admitting that is an admission that something is wrong with the prosecuting arm of the government and there is need for capacity building. Ditto, they should look into the investigating arm because it is what you put in that will determine what will come out. If you don’t do a thorough investigation, you have an incompetent investigation; you end up with a most improper, worthless prosecution.
Generally, I think we should be praying for our leaders that God should guide them well and the followers too should be patient so that they can lead us properly.